The DA Verse
by Ilerre
Summary: Tony is an Executive Assistant District Attorney. Leroy Jethro Gibbs is his husband.
1. The Man Who Bought Knives

**Verse:** The D.A Verse

**Pairing**: Gibbs/Tony

**Disclaimer:** I don't own NCIS.

**Rating:** pg13/pg

**Word Count**: 3836

**Feedback**: Yes, Please

**Beta: **Kelly Cypher

**Warning: **Heavy Abby bashing

**Summary: **There was a man sitting behind Gibbs's desk when Kate, McGee and Ziva came back from the crime scene of the week.

o

_One—The Man Who Bought Knives_

o

There was a man sitting behind Gibbs's desk when Kate, McGee and Ziva came back from the crime scene of the week.

He was going through a thick folder, brow furrowed in concentration.

Kate and Ziva exchanged an appreciative look; the both of them on the same page at the man's appearance. He was wearing a black suit that probably cost more than their two salaries combined over a year, a black shirt and a black tie. His hair was perfectly combed and his sharp, green eyes held an air of power and respect.

They immediacy pegged him for the kind of man not to cross.

He was handsome, oh yes, but he was dangerous.

"Can I help you?" Kate said after remembering her place as Gibbs's SFA.

The man didn't answer immediately, just glanced at his silver watch on his wrist and ignored the question returning his gaze to the file in front of him.

Not used to have her presence ignored and her authority, Kate glared slightly and cleared her throat. "Who are you?" she finally asked bluntly, all amiability lacking from her voice. When he still didn't answer, she took a step toward the desk, but before she could even open her mouth, Gibbs's voice interrupted her.

"Tony, what are you doing here?"

The team turned to look at their boss with raised eyebrows, confusion plain on their faces. The man—Tony—looked up and stared coldly at the NCIS Agent. He closed the file harshly and stood, smoothing his vest as he did so. "Gibbs," he greeted coldly as he grabbed the file and shoved it in the older man's hands.

Gibbs frowned down at it before opening it and quickly scanning the content. After a moment, he closed it and nodded silently. "My office," he ordered.

The man shook his head and leaned against the side of the desk. "No," he interrupted emotionlessly, "I just have a few questions. Did you know? Do I have to reconsider the entire case? Do I have to step away from the case? Do I have to explain to Lieutenant Martin Kerman that his wife's murderer can't go to jail because of an overzealous NCIS forensic scientist?"

Gibbs gritted his teeth and glared at the man. "Tony, you know she didn't mean—"

Tony nodded. "That's your best answer, Agent Gibbs?" he asked coldly. "She didn't mean to falsify evidence? She didn't mean to overlook the evidence linking Stacy Kerman to her murderer. She didn't mean to send an innocent man to jail?" he tilted his head on the side. "I let you do a lot of things, Gibbs. I accept a lot of things. Perjuring_myself_ is not one of them. You re-open this case. You start from the beginning. You find me new evidence that can be use in court. Good luck with that," he hissed angrily.

He turned to walk to the elevator and stopped when Gibbs called him. "Will you help?"

Tony stared at him. "Who's the Agent?" he asked flatly. "Do you have a miraculous second murder weapon in your sleeve, Gibbs?" When the Agent didn't answer, Tony nodded. "Didn't think so." He looked down at his watch. "You have until tomorrow at eleven; the preliminary hearing is at noon. I'll be in the office all night. Don't expect to see me at home." And with that he stepped into the elevator and disappeared behind the doors.

Gibbs slapped the file on his desk. "God damn it!" he yelled and angrily strode to the stairway ignoring his three Agents following him. At first, they thought he was following the man, but after a moment they realized he was going to Abby's lab.

Angry as he was, the three didn't intend to ask what was going on.

As they stepped into the lab, the music was pounding and they watched Gibbs slap it shut, the HiFi center nearly falling on the floor by the sheer force of being hit. Abby turned around, scowling. "Hey I was listening to that!" she growled.

Gibbs strode in her direction, mute in his anger and slammed the file on her keyboards. "Can you tell me what this is?" he hissed in sheer fury.

Abby frowned in confusion and opened the file, paling dramatically when she scanned the pages. "Gibbs, I can explain," she started.

Gibbs narrowed his eyes. "Oh yeah? From where I stand it's pretty damn clear you didn't do your job," he hissed. "I expect a perfect job from all my Agents, do you understand, or do you think you're above them? Do you think I would have let it slide? Or do you think that now the case was closed it didn't have any consequences?" he nearly yelled. "Do you know who just came out of the bullpen?" he asked rhetorically, "the EADA! From the Washington office. And do you know what he told me?" There, he waited for Abby to shake her head. "He just told me I had until eleven tomorrow to make his case stand. Because at the moment Ervin Pratt is going to walk scoot-free from Stacy Kerman's murder and do you know why?" he yelled.

Abby sobbed and nodded, overwhelmed. "Because I replaced a piece of evidence," she whispered.

"I didn't hear you!" Gibbs yelled.

"I replaced a piece of evidence," she said louder, voice shaking and face marred up with black make-up.

Gibbs nodded curtly. "And how are we going to get out of this one?" he snapped. "Was there two murder weapons?" he asked.

Abby shook her head. "No," she whimpered.

Gibbs stepped back, turning her back to her and rubbed his face roughly. "The knife was the only proof. We worked on this case for three weeks before we could even place Pratt on the scene and acquit the husband. Do you know where he is, Abby? Do you know where Lieutenant Martin Kerman is mourning his wife?"

Abby sobbed harder and covered her face. "Please, stop," she moaned.

"He's spending it at _The Washington State Reformatory Unit_, wondering why Pratt is still outside." He opened his mouth to say more when he was cut off.

"It's quite enough, Jethro," Ducky interrupted.

Gibbs turned and glared. "Would you have stopped me if I've been reaming McGee, Ziva or Kate?" he snarled. "Why do you people think she can't do any harm?" he barked, pointing at Abby and turned to face her fully. "Now stop your crying and get to work," he ordered harshly. "We're going to need a fucking load of luck to win this case."

Ducky frowned and followed him as he strode out of the lab, sliding between the door of the elevator as they were about to close. The medical examiner waited a moment before pushing the stop button of the elevator. "Now, Jethro. What is this about?" he asked perplexed. "It's not like you to treat poor Abigail like that."

Gibbs glared at him. "Poor Abigail, yeah?" he hissed. "And what about poor Lieutenant Martin Kerman, uh? Do you think that poor Abigail is to feel sorry for after sending an innocent man in jail because she couldn't do her job?"

Ducky frowned. "I never said that. The way you—"

Gibbs yelled and slammed his hand against the wall of the elevator. "I'm tired of you people defending her as if she can't do any bad! She's not a damn kid, Ducky. How old is she?" he snarled. "I don't, and I surely can't tolerate people around me messing up like that!"

Ducky nodded and sighed, leaning against a wall of the cramped room. "I know Jethro. She made a mistake, but—"

"What Ducky?" Gibbs interrupted. "But _what_?" he asked desperately. "You have an explanation? An umpteenth excuse justifying her attitude lately? If she can't do her job anymore, then I want her out of here and never see her deal with evidence."

Ducky frowned. "Did you ask her why she seemed preoccupied lately?"

Gibbs snorted inelegantly. "Yeah Ducky. She's pissed because McGee doesn't want to get back with her after she slept with his buddy from MIT while they were still together."

Ducky frowned. "I admit that is no excuse."

Gibbs narrowed his eyes. "Why do you always take her defense?" he asked. "Why was I like that before? Never seeing any fault into what she did? Why did it have to be Tony to make me see she was like that? Using people around her and treating them like crap?"

Ducky paled slightly and rubbed his face. "That is effectively a lot of accusation. I know you normally don't talk about her with Tony at home."

Gibbs looked at Ducky, eyes nearly pleading. "That's because of her that I nearly lost him. That's because of her that he'll never be a cop anymore. It took me nearly 5 years to admit it was her fault, throwing her in Tony's face every day until he snapped and _made_ me understand. He was ready to die with this secret to protect me and spare me the heartache of seeing what she really was."

Ducky smiled sadly. "Anthony is one incredible young man," he nodded proudly. "And an excellent husband. He changed you, Jethro."

Gibbs laughed softly. "I know. Not sure I deserve him."

Ducky nodded sagely. "At times, I'm not sure you deserve him either."

Gibbs grimaced and his shoulder sagged. "I don't like being wrong about people. Especially not the people I consider family."

The Doctor nodded. "I can't help but think about what you've told me, Jethro, and I fear our discussion changed a lot of things about my point of view of Abigail." He shook his head slightly. "I'll have to think about it," he sighed sadly. He reached and pressed the button to restart the elevator. "I'll be in my lab going over Stacy Kerman's file if you need me."

Gibbs nodded and waited for the doors to close before leaning against the far wall and thumping his head against it. After a moment, he grabbed his cell phone and pressed speed dial one, waiting and feeling his heart drop when the voicemail picked up. "Hey, Tony. Just wanted to tell you I was going to find a way…I—just hang on. Do what you do best and I'll do my part of the job." He waited a moment and sighed. "I love you, baby."

He snapped the phone shut and walked out of the elevator when the doors opened, sighing in frustration when he heard McGee's reassuring voice speaking to Abby. The kid was so in love with her and so mad about her cheating that he wasn't even able to see what was right in front of him. He had no doubt Abby would use that position to ask McGee to comfort her. He cleared his throat when he arrived in the lab and nodded in satisfaction at seeing that at least Kate and Ziva were working.

"Anything new?" he asked without preamble.

Kate looked up and shook her head sadly. "Sorry, Gibbs."

Gibbs nodded at her and nodded toward the elevator. "Ziva, Kate, go upstairs and work on it. Kate, call EADA DiNozzo at the Washington office and tell him to tell you everything he's got so far. If you can, try to make him come here."

Kate nodded and hesitated a bit. "Shouldn't you be the one to ask?" she asked carefully.

Gibbs chuckled briefly. "He's too pissed at me. He won't come just to spite me."

Kate smiled briefly. "Scorned husband. Careful boss," she muttered as she passed him.

Gibbs lifted an eyebrow at her back and shook his head. He didn't think his confrontation with Tony earlier had been enough to out his relationship with the District Attorney but he felt a quiet sense of pride at her perspicacity. Ziva gave him a piercing look before following Kate and when the two women were out of earshot Gibbs called McGee.

"Yes, boss," the younger man jumped, stepping away from Abby's embrace.

"Go see Ducky and help him," he ordered.

McGee nodded and nearly ran out of the lab, disappearing behind the glass door and taking the stairs when he realized the elevator was taking too long to arrive. Gibbs turned and stood impassively, glaring at the woman he once considered family. "You think I don't see clearly into your little game?" he asked calmly.

Abby narrowed her eyes. "What are you saying Gibbs?" she asked abruptly.

Gibbs put his hands in his pockets and shrugged tiredly. "You're pissed at the world and you've been going off track since you met him."

She glared at the floor and pouted. "I was here first," she mumbled petulantly.

Gibbs felt his anger rise again but reigned it in. "No, you weren't. I've known Tony since he was 17."

Abby paled and looked at Gibbs, her face heartbroken. "What?" she asked in a trembling voice.

"You heard me," Gibbs said flatly. "We've been married since he was 18. He's 30, you do the math."

Abby sniffed. "Why have you never told me about him?" she demanded angrily.

"Because it's none of your business. He's my private life."

She glared. "I deserved to know!" she yelled.

He glared back at her. "Who do you think you are?" he spat in exasperation. "You're not my daughter," he hissed.

Abby jerked as if she'd been slapped. "But—"

"You went too far the day you didn't disclose that address to Tony back when he was Baltimore PD and ended up shot five times!" he yelled. "Your jealousy is so misplaced I can't believe I let it go so far and never stopped it before."

Abby looked down. "You knew?" she whispered.

Gibbs nodded harshly. "Tony made me promise not to talk about it with you. He asked me to try to forgive you. To mend our friendship."

Abby sobbed quietly. "I'm sorry," she whispered.

"Sorry for what?" Gibbs asked tiredly. "He's my life. He'll always come first. There've been so many close calls with him that I can't bear to think about it. What you did—" he stopped and rubbed his face. "I'm more pissed about you not telling me what you did about the address than the Kerman's case."

Abby wiped her face, smearing her make-up on her cheeks. "I—I felt so betrayed when he came here. I—I felt like he was trying to take you away from me."

Gibbs sighed and rocked on his heels. "I'm not yours. I'm just your boss…_was_ your friend…at least, I thought so."

The black haired woman took a deep, shaky breath. "Is there a way to—to make things go back to the way they were?"

Gibbs was ready to snap at her that what she did was unforgivable and nothing she could do could ever change it before he thought about what Tony told him when Gibbs learnt what had transpired the day of the shooting. "I don't know if I can forgive you," he said honestly. "You've always been special to me, a great friend. But lately…" he shook his head and licked his lips. "I'm so mad, so disappointed in you. 5 years. You had 5 years to tell me about Tony. But you never did. I started to believe you really thought I was one of the brainless sycophants surrounding you."

Abby's shoulders slumped. "The more time went on and the angrier I got," she tried to explain, "you didn't treat me like you did before. You didn't kiss my cheek, you didn't smile at me…you didn't hug me anymore…" she shook her head and rubbed the top of her head. "You didn't talk to me like you used to. And the only link I could make was the appearance of Detective DiNozzo," she said with a slight sneer. "As if he was…perfect. Your new boy toy."

Gibbs was leaning against a wall, his face turned from her and she sighed when his jaw clenched. "I got so mad, Gibbs. I couldn't see straight. I thought…I thought he was taking you away from me…So I—"

"—tried to erase the problem," Gibbs completed. "Thinking I wouldn't find out and, hey, I'd be none the wiser. The cop from Baltimore died in a shoot-out, no big deal. Things like that happen all the time, right?"

Abby seemed to shrink on herself and wrapped her arms around her. "I—"

"That's criminal intent, Abby," Gibbs said coldly, turning around to face her. "How can I ever trust you again? Knowing you're capable of killing my husband in cold blood?"

Abby lifted her hands in his direction in supplication. "I would never hurt you!" she pleaded.

Gibbs glared and stepped in her direction. "But you'd kill my husband?!" he yelled. "Do I have to start investigating? Do I have to expect bodies to turn out because a poor bastard passed you at the mall? Grazed your car? Let their dog piss on your lawn?"

Abby shook her head. "No!" she shrieked in panic. "No I wouldn't—"

"You wouldn't what?" Gibbs raged, slamming his fist into the wall and denting it. "You wouldn't kill anyone in rage, jealousy? Do I have to warn McGee that you'd kill him too if he doesn't come back to fuck you?!"

"Gibbs," a voice called at the door of the lab.

"WHAT?!" the man bellowed. He froze when he saw Tony standing in the threshold, long black coat and briefcase in hand. "Tony," Gibbs sighed, his anger deflating.

Tony stared at him for a moment before walking further into the lab, putting his briefcase on Abby's workstation and opening it to take a plastic wrapped knife out of it. "It's the same knife Pratt used to kill Stacy," he informed coldly. "Down to the same serial number," he said. "You've got Pratt's print; you've got the picture of the first knife. Make it correspond." He looked down at his watch. "Ducky's coming in five minutes with a vial of Stacy's blood. I had McGee turn off the CCTV in Ducky's lab and here for fifteen minutes. Get to work," he ordered frostily at Abby's sallow face.

Gibbs tensed as he heard Tony's words and took a step closer. "Tony," he started but stopped when his husband glared hatefully at him.

"Unless there is a second knife, Agent Gibbs," he trailed off.

Gibbs shook his head curtly and his shoulder slumped when he saw Abby take the knife carefully out of the bag with gloved hands.

"Don't forget to put it in an NCIS bag and tag it with the same date than the other one," Tony reminded icily and Abby nodded solemnly at him.

Quickly and after Ducky came into the lab, they worked to recreate the same murder weapon like the one that had been lost in the evidence a few weeks ago due to Abby's negligence. After the deed was done, Tony took the bad carefully and stared at it for a moment, eyes shuttered and face hard as marble. He placed the knife in his briefcase and looked at Ducky. "I'm sorry for having you do that, Ducky," he apologized sincerely.

Ducky shook his head. "I'll do anything for you, my boy."

Tony's hard face relaxed slightly but his shoulders were still tense. "Thank you."

Ducky nodded and watched Tony stride back to the elevator without a word, Gibbs following behind him. Once they were in the elevator, Gibbs stopped it and waited a moment, staring at Tony's drawn and exhausted face. "I would have found a way," Gibbs swore fervently.

Tony snorted and turned slightly to look sideways at his husband. "Your way would have been to put a bullet into Pratt's head after making him write a false confession letter," he quietly stated.

Gibbs glared at nothing, his lips tightening. "It would have been better than perjuring yourself," he whispered powerlessly.

Tony closed his eyes and rubbed his forehead with a trembling hand. "Don't remind me," he muttered.

Gibbs reached out and gently rubbed the back of his fingers against Tony's cheek. "I'm so sorry, baby," he whispered sorrowfully.

Tony took a deep breath and squared his shoulder. "Don't let your team hear you; they'll think their boss had been replaced by some kind of pod-like creature."

Gibbs snorted. "They should know the only person the rules didn't apply to is my husband."

Tony shrugged. "Well, anyway, I guess this whole situation puts rule number 9 in a bright new perspective."

Gibbs laughed unexpectedly and rubbed his face. "I give you the right to kick me out on the couch for the next five years," he muttered.

Tony pursed his lips. "I dunno. I might actually miss you. Five years is awfully long."

Gibbs hummed in agreement. "Maybe…two days…"

"Don't push your luck, Leroy," Tony glared slightly. He turned to fully glare at Gibbs. "You deal with the Abby situation quickly. Next time, I won't cover NCIS."

Gibbs nodded solemnly. "You covered her…why?"

Tony shook his head. "I didn't cover _her_," he explained. "I covered NCIS and what it meant for you. I won't see the thing you gave your heart and soul to, tarnished by a petty little girl."

Gibbs looked pained for a moment. "It wouldn't have mattered Tony. I wouldn't have held you responsible for not perjuring yourself. Your are the thing I gave my heart and soul to. NCIS doesn't stand a chance next to you. Not now, not ever."

Tony stared at him for a moment, green eyes serious and pained. "Then, next time an Ari-wannabe comes around, remember your husband broke his moral code for you."

Gibbs winced and nodded sadly. That time, not so long ago, had nearly been the straw to break the figurative camel's back. Tony took a lot of shit from him on a daily basis, but bringing a murderer and terrorist into their house had been nearly too much. It had taken Tony leaving to Stillwater to see his father-in-law for Gibbs to realize he couldn't put himself into so much danger. He couldn't think only about himself. He had to think about Tony. And only Tony. If Gibbs let Ari come between them, then, what about the next one? And the next? Tony wouldn't stand by him indefinitely. Even his gorgeous, fun and loving husband had a breaking point.

"I won't forget," he promised.

Tony stared at him a long moment before nodding slightly and allowed Gibbs to kiss him on the lips lovingly. "I love you, Tony."

The young EADA smiled sweetly. "I love you too." Then he reached to restart the elevator. "And I have to go. I won't come home tonight. Too many things to do to get ready for tomorrow's hearing. With the knife we should make it to Grand Jury. Then Pratt'd be toasted."

Gibbs nodded and kissed Tony one last time. "Good luck."

Tony snorted. "I don't need luck," he said, giving Gibbs a one million dollars smirk. "I just need to smile to the judge."

o


	2. The Woman Sleeping With Pills

**Verse:** The DA Verse

**Pairing**: Gibbs/Tony

**Disclaimer:** I don't own NCIS.

**Rating:** pg13/pg

**Word Count**: 4811

**Feedback**: Yes, Please

**Beta: **finlaure

**Note: **In chapter One, I said Tony was a District Attorney, in fact he's not. Not yet at least and I changed it. He's an EADA (Executive Assistant District Attorney). He's like Mike Cutter in _Law & Order_ who's the character that inspired me this verse. I'll probably introduce his ADA (Assistant District Attorney) later. His mentor, like Jack McCoy is for Mike Cutter, is former DA (District Attorney) Adams, now a Senator in Congress.

**Summary:** "I thought it was one of Gibbs's rules," McGee muttered under his breath.

o

_Two—The Woman Sleeping With Pills_

_o_

"I thought it was one of Gibbs's rules," McGee muttered under his breath.

He shifted nervously on the hard wooden polished bench sitting in front of the courtroom and straightened his tie when he saw a bunch of suited men huddled in a corner. They were all elegantly dressed, all wearing expensive designer suits and McGee felt suddenly self-conscious about his own cheap one. He knew it was stupid. Knew the suit didn't make the man, but it sure as hell gave an advantage, and McGee wasn't naïve enough not to know appearances were a major point in the world of justice.

Kate sighed slightly. "It is," she nodded. "Kind of," she amended after a while.

McGee frowned, racking his brain in search of the rule that applied to lawyers. McGee was sure it was something about not trusting them…or involving them, he wasn't sure. He snorted. "It's a bit hypocrite, don't you think?" he whispered after a while.

Kate pursed her lips and frowned at him. "What is?" she asked.

McGee half-shrugged. "That he made a rule about lawyers and then going and married one."

Kate laughed softly. "Yeah, I see your point. But DiNozzo's not a lawyer-_lawyer_, he's an EADA. Big difference," she informed.

McGee frowned. "What do you mean?" he asked.

"She means DiNozzo's the one to finish the job after we give him all the evidence he needs," Gibbs answered instead of Kate.

Kate stood suddenly, nodding at Gibbs, and McGee felt himself flush as he slowly rose and stood next to her, glancing shyly at the man standing next to his boss. "Mr. DiNozzo," Kate greeted politely, reaching a hand to shake.

The EADA smiled slightly and shook her hands. "Call me Tony, Agent Todd."

Kate smiled, visibly conquered by DiNozzo's natural charm. "Kate, please."

Tony nodded amiably. "Kate."

Gibbs send an exasperated look at Tony and McGee nervously shuffled, discreetly wiping his damp hand on his pants. "Sir," he greeted.

Tony shook his hand and smiled at him before turning to Gibbs, a strange glint in his eyes. "Hear that? He said '_sir_', showing me respect. That's what I'm talking about."

Gibbs chuckled slightly and raised his hands in exasperation. "Alright, alright," he said, "now can we get down to business, _sir_?" he asked with a sardonic smile.

Tony snorted and offered his arm to Kate who took it agreeably with a large smile, and the two started to walk down the corridor toward what McGee assumed was the D.A's office. "Are you married, Kate?" he heard Tony asked.

Kate snorted and shook her head. "I'd have to get out to be married, Tony," she said with a laugh.

Tony sighed. "Yes, I can see how Leroy holds you all on a tight leash."

Kate laughed. "And he doesn't with you?" she asked and McGee chuckled in surprised when he heard Gibbs groan.

"Me?" Tony asked and threw a quick glance over his shoulder to smirk at Gibbs. "I know how to use a bat. If he pisses me off I just have to hit him with it."

Kate laughed and Tony opened his office door for her. She smiled at him and entered. McGee heard Gibbs sigh in exasperation and something told McGee it was something the older man did a lot when around his husband. But the love and protectiveness Gibbs showed when around Tony was something totally new. It was refreshing actually, to know his boss wasn't a complete bastard after all, and wasn't a miserable jerk intent on spreading his despair to the people around him. It was a whole new side that Kate and McGee were offered to see, and the younger agent didn't know why they had never heard about Tony before he showed up in the bullpen three months ago.

McGee entered the office after Gibbs and closed the door. He looked around for a moment and immediately felt a sense of warmth invade him. He hadn't imagined a D.A office to look so comfortable and cozy. The floor was made of dark hardwood; and the walls were a deep crimson color. Facing the door was a large mahogany desk, one the right side was a large library taking the entire expanse of the wall, the shelves overflowed by hundreds of thick books. On the left side was a green leather couch sitting in front of a coffee table littered with open files and pens scattered everywhere. Behind the desk were two floor panel windows letting the sun flow into the room and warm it agreeably.

Tony nodded in direction of the matching two green leather armchairs in front of his desk and motioned for McGee to grab a chair sitting against the wall next to the door they'd just come in.

McGee nodded his thanks and resumed his discreet observation of the room. He could tell Tony spent a lot of time in this room. There was a side door leading to a small bathroom and McGee could see a shower cubicle by the half opened door and several suits hanging in there. McGee smiled slightly when he saw a baseball bat resting against the side of Tony's desk and wondered if his precedent claim about hitting Gibbs with was actually more than a joke.

"So," Tony said after a moment, jerking McGee out of his thoughts. "Let's go over it again, something doesn't add up," he said. He nodded in Gibbs's direction. "Go on."

Gibbs nodded and crossed his ankles in front of him. "Vic's name is Alan Russell. Shot with a 42, wallet still there but his watch is missing," he informed professionally.

McGee nodded unconsciously remembering their arrival at the crime scene. He watched over Tony and saw him take note on a standard yellow note pad, brow furrowed and lips tight in concentration.

"Questioning his secretary, we found Russell had no family and had left work early the day he was killed," Kate said after briefly glancing at Gibbs in approval. "And had a meeting with a business associate the night before, a Stan Klein," she continued.

Sensing his cue McGee started. "We went to meet with Klein at Zero Sum, Inc. He sells carbon offsets to local companies. Russell had received money from him so he could change his trucks to biofuel. Apparently they had talked about renewing Russell's contract, and Russell said he was supposed to go to dinner after their meeting but when Russell invited Klein to come he said he couldn't as it was his wife's birthday."

Tony nodded absently still scratching on his note pad. "So this dinner?" he asked, and McGee was impressed at the man's leap as it was the next step into their investigation. It made no doubt to McGee that Tony must have been a hell of a cop.

Gibbs smiled slightly. "Ducky said Russell's last meal was expensive. Stomach was full of caviar and Vodka."

Tony leaned back in his chair and stared at Gibbs, slander hands linked in front of him. "Sounds Russian," he said unexpectedly.

Gibbs gave him a proud look, and McGee had no doubt that if Tony hadn't been incapacitated by the shooting which Kate, Ziva and him had heard about from Ducky, Tony would actually be in Kate's shoes as Gibbs's SFA. The woman knew it, and McGee knew she had felt momentarily guilty about her place knowing she was only option number two and that it was because the man who should have been in her place had been shot five times and left for dead.

"We found out Russell's real name was Vladimir Rezanov. Came to the country 15 years ago and OCID has had their eyes on him for a while," Gibbs said.

"And we found out his 'diner date'," Kate said, making quotation mark in the air, "was a member from the Russian mob named Alex Arshavin, a loan shark who works out of Samizat Restaurant."

McGee jumped in the conversation, wanting to participate as much as the others. "Which is very close to where they found Russell's body."

Tony blinked at him and nodded silently, standing in front of the window and turning his back to them. He had shed off his jacket that was resting on a hanger on the coat rack with his black tie at the back of the door. The two tops buttons of his perfectly ironed white shirt where opened, and his sleeves were folded up at the elbow. He looked relaxed but still incredibly professional. "What I don't understand," Tony said after a while, "is why NCIS is meddling with this case. Was Russell Navy? Klein?"

Gibbs shifted nervously on his armchair and rubbed his mouth. "Not exactly."

Tony scoffed. "Oh please, Leroy," he said with a tone that made Kate and McGee internally cringe and Gibbs actually wince. "I know you. You wouldn't even contemplate to investigate something that had nothing to do with the Navy. Unless…" he turned abruptly and leaned over his desk, staring intensely at his husband. He chuckled drily. "Man, she's still holding you by the balls, isn't she?"

Gibbs hissed and shook his head. "It's got nothing to do with—"

Tony laughed out loud and walked back to the side of his desk to grab his baseball bat, putting it against his shoulder in concentration. "She trying to guilt you into polishing her image. I hope she knows she's hated here in the Office."

Gibbs sighed. "Can we not talk about this?"

Tony shrugged nonchalantly. "Does SecNav know that she's using her authority on Local PD's to claim investigations that have nothing to do with Navy?"

Gibbs sighed and pinched the bridge of his nose. "Tony, we're not going into that. Your personal crusade about Jen Sheppard—"

Tony laughed, interrupting him. "I don't have a personal crusade with Sheppard, Leroy, that's you. I'm not going all Moby Dick on people," he trailed off when he saw Gibbs's pointed stare and amended. "Well, at least, not lately." He sighed as if it pained him and swung his bat in the air. "Alright," he drawled, "dazzle me with your conclusions for this _non-Navy-but-still-NCIS-investigation_."

Gibbs glared at nothing and motioned for Kate to continue. She too had been bewildered when they'd been called on this investigation, understanding very quickly that it had nothing to do with NCIS, and that the personal gains of Jen Sheppard were more important for her than the respect of procedure. Why go by the rules when you accede to the top much more quickly? Shaking her head to clear it, she started talking. "We went to the restaurant to talk with Arshavin. He said he did see Russell and had dinner with him last night and that he owned him money. They were talking about repayment."

Tony smiled slightly. "_Talking_?"

Kate nodded with her own small smile. "_Nicely_."

Tony chuckled and nodded for them to continue and McGee picked up the story. "Apparently Russell was getting money soon, and Arshavin had no reason to kill him. He told us that when Russell left he was followed by cops in a black SUV."

Tony hummed. "Cops?" Seeing their faces he nodded. "It was not cops."

Gibbs shook his head. "Nope. We bought Arshavin to the Navy Yard and he made a composite sketch."

Tony smiled at Gibbs. "Let me guess, he drew Stan Klein."

McGee and Kate exchanged startled looks and Gibbs nodded. "Yup," he smiled. "The payment from Klein to Russell didn't appear to be showing up in Russell's financials. We followed the money trail first before confronting Klein. That's when we realized Klein was running a scam with his biofuel company."

Tony hummed in agreement. "That's a pretty standard scam," he nodded, putting his hands in his pockets after throwing the bat on the leather couch. "The individual businesses were paying Klein to have trucks converted to biofuel; more trucks than Russell had in his company."

Gibbs nodded. "Yep."

Kate continued. "We met with one of Russell's employees. We were told that Russell was bringing people in all the time to see his '_green_' operation. He also told us about the clogged fuel pumps and that they stopped using the biofuel. It seemed that this employee heard Russell was getting $200 per converted truck. Russell and Klein got along okay until a few days prior when someone had asked how much it costs to convert a truck and he told them it cost $2,000 per truck."

Tony hissed. "Ouch, partnership gone wrong."

McGee nodded. "Yes. Russell was standing right there and heard the comment. He was surprised when he heard that figure. Russell took Klein into the office and the guy heard them argue."

Tony nodded and rubbed his forehead. "Alright. You've got Arshvin, make him identify Klein. Who's Klein lawyer?"

Gibbs grimaced. "Hart."

Tony made a noise of disgust. "Christ. That's not even a Navy case and she's weaseling herself in here. Slimly bitch," he muttered and grabbed his tie after re-buttoning his shirt. "Okay, so Klein was selling the same carbon offsets to several people. Russell wasn't getting anywhere near what Klein was taking."

Gibbs stood and helped Tony into his jacket. "We think that when Russell found out he may have tried to shake down Klein, who didn't take to that very well. Klein's wife had a black SUV," he informed with a sardonic smile.

"A hypocrite _and_ a crook. What a man," Tony muttered, leading them out of the office and in the corridors of the courthouse. "Right, I'll get warrants to search their home and car."

Gibbs offered him a crooked smiled. "Two warrants in one trip? That's fuel efficient," he stated dryly.

Tony grinned. "I do try, dear husband," he chuckled walking away.

o

"That…freaks me out."

Kate pursed her lips and looked sideways at McGee. "What are you talking about, McGee?" she asked, frowning when a driver passed her a bit too quickly. They were driving to Klein's house with the warrants Tony had drawn for them just a few minutes before.

"Gibbs," the younger man blurted out. "Since Tony came into the picture, I've seen him smile more than all the time I've been working with him. He's…different around Tony. And did you notice? He's never, _ever_, unpleasant with Tony. He doesn't slap him on the head, he doesn't glare at him, he doesn't snap at him…"

Kate snorted. "Please, McGee, think about it for a moment. Do you think a man, who's been poached by former DA Adams, now Senator Adams in Congress, is afraid of a man like Gibbs?" she asked incredulously, "McGee, Tony works day in and day out with sharks, hear by that _lawyers_, and he's not married to them." She shook her head with a chuckle. "Tony's not afraid of Gibbs. And that's probably why there's so much love between them and why they are so strong as a couple."

McGee contemplated what she's just said. "Yeah, you're probably right," he amended. "Why do you think he never mentioned Tony before he walked to the office the other day?"

Kate gritted her teeth. It was still a sore point for her. Since Gibbs's hired her three years ago from Secret Services she thought she'd formed a strong friendship based on trust, but learning the man had been married for ten years and never mentioned his husband to her in all their times working together was a hard blow to take. She tried to remind herself that Gibbs was a very private man and that he didn't talk about himself at the office but it still hurt. She thought she meant more to him than just a coworker, but apparently what she thought was far from what Gibbs felt.

"Gibbs…" she started, "I don't really know what happens 5 years ago between Gibbs, Abby and Tony but I think it was something that cemented his decision in _not_ mixing his private life with work."

McGee glanced at her. "He's protecting Tony by not making him a target?"

Kate nodded. "Yes, I think so. Did you notice that Tony doesn't have Gibbs's name? It's D.A DiNozzo even if they're married. Gibbs doesn't wear his alliance but Tony does, and he's wearing a silver necklace…I'd bet my pay Tony's wearing Gibbs's ring on it."

McGee puffed his cheeks and sighed. "You deducted all that in the short time we've known Tony?"

Kate glared at him. "I wouldn't be a profiler otherwise, McGee," she said annoyingly.

McGee sighed. "Yeah, I know, sorry," he apologized, contrite.

Kate nodded, silently accepting his apologies. "It's okay, now let's get to work," she said, cutting the engine off and opening her car door.

o

"What do you have?" Gibbs asked abruptly as soon as they exited the elevator, returning from Klein's house and putting him in custody.

Kate pursed her lips annoyingly at Gibbs's bad manners. "We searched the house and SUV and there was no gun."

Gibbs grimaced. "The print we found on Russell's wrist was Klein's," he said with a sigh.

"Arshavin picked out Klein as the man who was following Russell in a lineup. At least that's not a complete loss of time," Kate muttered.

Gibbs stared at her with a lifted eyebrow but shook his head. "I'm meeting with Tony in ten minutes. He's going to talk with Klein and his attorney in interrogation."

Kate nodded and followed Gibbs in the corridors, McGee scampering behind them and they entered the side room of the interrogation room. Klein was sitting behind the table, handcuffed hands crossed on the table in front of him. A tall, severe looking brunette was sitting next to him, murmuring once in a while in his ear, while Tony was sitting in front of them, his back to the two way mirror.

"Mr. Klein," Tony started sliding a piece of paper toward the man that was promptly intercepted by Alison Hart, "we know about your fraud with the trucks and biofuel. We also found a thumbprint belonging to you on the wrist of the dead man, proving you grabbed him."

Hart snorted. "Please Mr. DiNozzo, you'll have to have more than a mere thumbprint on a body to make it go to Grand Jury. It is not a secret that my client and Mr. Russell were business partners, shaking hands between two partners is not a crime that I know of."

She stood and motioned toward the two way mirror. "Until you have firm proof that my client actually killed Mr. Russell, this interrogation is over." The door opened and Klein was escorted out of the room to be placed back into jail custody.

Tony watched Allison exit the room and licked his lips in concentration. He didn't react when Gibbs, Kate and McGee entered and rapped his fingers on the table. After a while he looked up and stared at Gibbs. "I can prove the conspiracy with Russell and the murder and fraud were part of the same scheme. So they can take the case to trial for enterprise corruption so they can freeze Klein's assets."

Gibbs frowned suddenly. "It would mean Russell was implicated in his own murder."

Tony stared and shrugged. "Stranger things have happened, Leroy," he said, standing up and putting his files back in his briefcase.

o

At Arraignment Court, Tony stood at the long oak table and shuffled his notes, nodding when Judge Carson started to speak. "If you fail to prove enterprise corruption, Mr. DiNozzo, you will be subject to double jeopardy and won't be able to try Mr. Klein for the underlying offenses."

Tony nodded curtly. "The District Attorneys takes the risk," he proclaimed.

Judge Carson lifted his hammer and slammed it in front of him. "Bail is fixed at $1 million and Mr. Klein is allowed to remain under house arrest."

Tony saw Klein whisper something in his Hart's ear and frowned when the woman turned to look at the Judge. "My client would like to inform the Court of his change of address. He now lives at a different address because his wife filed for a separation."

Tony lifted an eyebrow at that. It was a rather peculiar time for the wife to choose that moment to throw her husband out not giving Klein an alibi. He found it even stranger that the woman would be at the audience today. Deciding to clarify some details, Tony followed Mrs. Klein outside in the harsh cold winter weather and called her. The woman was blond, around fifty and seemed exhausted. "Mrs. Klein," he nodded in her direction. "I'm the Executive Assistant District Attorney, I want to ask you a few question."

She frowned and sighed annoyingly. "I know who you are," she said unpleasantly, "what question?" she asked after a moment.

Tony pursed his lips. "I want to understand why you chose now to separate from your husband," he asked bluntly.

Mrs. Klein frowned. "I wanted Stan to be able to concentrate on his defense," she finally said.

Tony nodded. "Was Mr. Klein home on the night of the murder, Mrs. Klein?"

The woman looked down and crossed her arms defensively in front of her. "It was my birthday…I—I wasn't feeling well, and I took a sleeping pill and went to bed early."

Tony thanked her and watched her go, feeling sad for the woman who just about condemned her husband to prison.

o

Tony turned slightly to look into the audience behind the attorney's table and exchanged a look with Gibbs. It wasn't rare for his husband to come and assist with an audience when they had worked together to lead it to Court but it was the first time that Kate and McGee were with him. He didn't know where Agent David was though. He turned back to observe Arshavin sitting at the stand and identifying Klein as the man who followed Russell but Tony tensed when he saw Hart stand and start asking questions and then promptly demonstrated to the Jury that Arshavin couldn't have seen Klein's SUV from across the street with such poor lighting from the sole streetlamp on the opposite side of the street. Then she then started pressing the man about his loan business.

After watching Hart sit at her table next to Klein, Tony stood and walked to Arshavin. "How much did Mr. Russell owe you?" he asked.

Arshavin frowned in annoyance. "About $200,000," he answered.

Tony nodded, feigning a sad face. "And you'll never get it back," he said.

Arshavin snorted. "I'll send the bill to that man," he spat, pointing at Klein.

Half an hour later, Tony started questioning one of Russell's employees, a Mr. Sanchez, and had him talking about the problems with the trucks using the biofuel. The mechanic told the Court about Russell finding out how much Klein was getting for the conversions and that Russell had told Sanchez he was going to get a lot of money to fix the trucks.

Hart stood in front of Mr. Sanchez. "This tale is very entertaining," she gushed mockingly, "but in all this time, did Mr. Russell ever mentioned my client's name as the source of the money?"

Sanchez shook his head. "No, ma'am," he admitted reluctantly. "Although, the day after the murder Chad Klein bought the SUV to the truck shop and had it cleaned."

Hart paled slightly and nodded at the Judge. "No more question, your Honor."

Tony pressed the tip of his fingers against his lips, slightly concerned about this new turn of events. He felt a brief pang of annoyance that Gibbs and his team hadn't discovered that before. It could very much mean that Chad Klein had the SUV cleaned up and got rid of the murder weapon.

The Judge looked at the two lawyers and crooked his fingers to order them to approach. "Mr. Sanchez," the Judge said, "you can go."

The man nodded and left while Tony and Hart walked to the Judge's stand. "Why wasn't I informed of this little bit of information?" Carson asked in annoyance.

Tony pressed his lips. "It seems Mr. Sanchez didn't think informing the NCIS Agents investigating this case of this detail was important," he supplied.

Hart glared at him before turning to the Judge. "Your Honor, it is clear that this witness is unreliable if he doesn't disclose all the information he has about the murder of his employer. I demand the Court strike his statement."

Tony shook his head. "The man just learnt about the murder of his boss and friend," he argued, "he was also worried about the uncertain future of his job, he was clearly in shock. You can't blame a man for omitting a slight detail like that in a situation surrounding a man's murder. And he wasn't lying. He admitted it in Court."

Carson interrupted Hart before she could open her mouth. "I agree with Mr. DiNozzo, Ms. Hart. Don't get too greedy. Mr. Sanchez's statement stands and this new evidence will be investigated by the Agents in charge of the case."

o

Handing the warrant to Gibbs, Tony frowned in annoyance. "Do I have to tell you how to do your job, Gibbs?" he asked.

The NCIS Agent glared. "Don't, Tony."

Tony stared at him. "What's with you? That's not like you to be so sloppy on a case."

Gibbs sighed and rubbed the back of his neck. "Sheppard's breathing down my neck. She wants results but she can't seem to stay out of my investigation."

Tony clenched his jaw. "You're lucky Hart didn't decide to attack from this side. It could have been ugly if she's decided to base her defense on why NCIS was investigation a civilian crime."

Gibbs stared worriedly at him. "Can it cause problem for your accusation?"

Tony pursed his lips. "No, I don't think so. She would have done it already. It's not a solid defense plan."

Gibbs nodded. "Okay, I'll have McGee and Kate visit Chad Klein."

Tony smiled and rubbed his face. "Okay. I'll be in my office. Call me when you've got everything."

Gibbs nodded and frowned. "Have you slept last night?"

Tony chuckled tiredly. "I caught a few hours after finishing my last address."

The NCIS Agent stared. "Yeah, but did you sleep at home?"

Yesterday Gibbs had been out of town for a conference Sheppard was so found of and hadn't been able to come home before very early that morning, and at that point, Tony was already gone.

Tony shook his head. "You weren't there. No point going home. And my couch's very comfortable."

Gibbs frowned in annoyance. "And where's your Boy Wonder?" he asked abruptly.

Tony frowned. "Who?"

"Hampton? Helton?"

Tony laughed. "Heaton. My dear ADA," he said with a smile before suddenly sobering. "I fired him. The Office's going to appoint me a new one next week. So I'm on my own for now."

Gibbs lifted an eyebrow. "You fired him and you didn't even tell me?" he asked, slightly angry.

Tony patted his husband's shoulder. "He was pissing me off with his advances. I didn't tell you because I knew I'd have to pry you from his dead body."

Gibbs opened his mouth to talk but Tony interrupted him with a shake of his head. "Don't make a scene, please," he asked. "I dealt with it."

The older man nodded. "Okay," he agreed. "But we'll talk about it after the case is closed."

o

"We questioned Chad about cleaning the SUV," Kate informed. They were all in the bullpen and Kate and McGee had just returned from interviewing Klein's son. "He said he doesn't like to drive in a dirty car and that he wouldn't be stupid enough to take it to the truck place if he had to wash brain off the dashboard. He took it there because it was free."

Gibbs nodded and turned to McGee. "But," he started, "good news. We found a watch in Chad's apartment. He said he bought it but there were some speck on it. Maybe blood. Abby's analyzing it right now."

Kate stood from her desk and showed a picture of the watch. "Inscriptions at the back say 'B' and 'P'."

Gibbs nodded. "A 'B' is a 'V' in Russian. And a 'P' is an 'R'. Vladimir Rezanov. Russell's real name. Good job."

Kate frowned. "Chad found it in the car. He seemed to understand what it meant."

The older NCIS Agent nodded. "Yeah. I'll tell Tony."

o

"Guilty of conspiracy and murder. Bail is continued," Tony announced, clinking his beer bottle with Gibbs's glass.

"Good job, Prosecutor," Gibbs praised sipping his bourbon.

Tony drank from his beer bottle and smiled. "Good job, Agent. It's just never gets old to see Hart's face after losing to _me_."

Gibbs chuckled. "A new victory for Justice," he said, leaning over to kiss Tony.

o


	3. The Two Guys Drinking A Beer

**Verse:** The DA Verse

**Pairing**: Gibbs/Tony

**Disclaimer:** I don't own NCIS.

**Rating:** pg13/pg

**Word Count**: 952

**Feedback**: Yes, Please

**Beta:**

**Summary:** McGee didn't know what made him so nervous.

o

_Three—The Two Guys Drinking A Beer_

o

McGee didn't know what made him so nervous.

Either it was the fact of being about to step into Gibbs's house for the first time, or finding himself face to face with the man outside of work.

Taking a deep breath he raised his hand and just when he was about to knock on the door it opened and Ducky's smiling face greeted him. "Hello Timothy."

McGee smiled anxiously and shuffled, slightly nervous in his jeans and polo shirt. "Do come in, please," Ducky chuckled.

"Right," McGee stuttered. He followed Ducky to the living room and stared in wonder at the sight of EADA Anthony DiNozzo standing in front of a plasma screen, yelling at the baseball game going on, wearing casual blue jeans, a football shirt and a pair of worn sneakers.

"What? That was in the strike zone, you idiot! You're standing right behind the plate, pay attention!"

Baffled McGee blinked as Gibbs came into the room, also wearing casual clothes. "No need to yell at the TV," he gently chided, running his hand down Tony's back.

The young man sighed and slumped down on the couch. "But you didn't see, Leroy," he muttered.

Gibbs grinned at him and nodded in McGee's direction. "First guest. Kate and Ziva are coming a bit later."

Tony glanced one last time at the screen and stood, extending his hand for McGee to shake. "It's good to see you Agent McGee," he said politely.

McGee shook his hand. "It's just McGee, or Tim, please Mr. DiNozzo."

Tony smiled and turned to look at Gibbs. "_Mr. DiNozzo_," he repeated gleefully, "McGee. You can just call me Tony."

McGee nodded and shuffled nervously. "Man," Tony laughed. "Gibbs must have eaten you alive on your first day," he said when he saw McGee's persistent tense demeanor.

Ducky came to McGee's rescue. "Anthony, please. This is a friendly gathering. We are not at work. Timothy has to feel comfortable in Gibbs's presence out of work."

Tony raised his heads palms up. "Never said otherwise, Doc," he smiled. "I just thought it was a good idea to invite Gibbs's team and get properly introduced."

Ducky smiled at the young lawyer. "I do tend to have good ideas, Anthony."

Tony smiled slightly and turned to McGee. "Come McGee, time for beer."

McGee looked at Ducky for guidance but the man only patted him on the back. "Believe me, Timothy. If you're scared of Jethro, you never met Anthony DiNozzo on a war path. Follow him."

McGee followed the man onto the porch, passing the dressed table in the living room. Tony grabbed two beers and sat on one of two armchairs sitting inside the porch, handing McGee his. "So McGee, how do you find it working for Gibbs?"

McGee took a sip of his beer and sighed. "It's—it's great," he said succinctly.

Tony laughed out loud. "Please, don't be scared to speak your mind. He's my husband but I know how he is. A bastard. A mean, vindictive, bitter bastard."

McGee chuckled unexpectedly. "And you still married him," he commented.

Tony nodded, gazing lovingly at Gibbs now standing in front of the fireplace talking with Ducky and preparing his famous steak cowboy style. "Never regretted it," he said. "Come on tell me how it is to work with him."

McGee grimaced slightly. "I thought about quitting after the first day."

Tony gently patted his forearm. "Understandable. But you didn't."

McGee shook his head. "Well, it wasn't for lack of trying. But—actually, Kate and Ziva talked me out of it. They're great friends. They took me to a bar, sat me down and listened to my drunken rant about Gibbs and how unfair he was they didn't laugh at me, they just…"

"Listened?" Tony supplied.

McGee nodded. "Yeah. They're great people."

Tony grinned gently at him. "I'm glad I came to know you. Leroy never wanted me to meet the people he worked with. I briefly met with Stan Burley once but he never knew I was married to his boss. Sheppard is another story, she tried to break me and Leroy up after learning we were married."

McGee sputtered on his beer. "Really?"

Tony hummed. "She's jealous."

The NCIS Agent shrugged. "Well, I wouldn't worry if I were you," he finally said and stuttered when Tony looked at him with a raised eyebrow. "I—I mean…I never saw the boss like he is around you. He's just—another person. He's…_happy_."

Tony turned his head and gave a small embarrassed smile. "I don't know. He's always like that with me. I know he loves me." He shrugged before straightening up. "So, McGee, tell me, do you have a significant other somewhere out there?"

McGee winced. "Well…I used to date Abby," he confessed.

Tony pursed his lips and tsked. "Ah well. That sucks, man," he simply offered, clinking his bottle against McGee's.

McGee chuckled and explained when he saw Tony's confused look. "It's just…people around me are trying to comfort me and tell me it'll be alright, and that I just have to try and _forgive_."

Tony hissed between his teeth. "Well, I'm not the best guy to talk about her. She screwed me. I guess…she screwed you too; literally and figuratively."

McGee sighed and looked down. "You don't think I should forgive her?"

Tony winced. "I'm not the best guy to talk about her," he repeated. "I could talk your ear off arguing…I'm a prosecutor, but I'm not going to tell you what to do. We don't know each other that well…but I guess we can become great friends."

McGee looked around for a moment before smiling slightly and clinking his bottle against Tony's. "Yeah. I can see that."

o


	4. The Man Sitting Alone In A Bar

**Verse:** The DA Verse

**Pairing**: Gibbs/Tony

**Disclaimer:** I don't own NCIS.

**Rating:** pg13/pg

**Word Count**: 870

**Feedback**: Yes, Please

**Beta:**

**Summary:** "It reminds me of this joke; a FBI Agent comes into a bar, meets a Prosecutor…" he trailed off.

o

_Four—The Man Sitting Alone In A Bar_

o

"It reminds me of this joke; a FBI Agent comes into a bar, meets a Prosecutor…" he trailed off.

Tony smirked. "Good one," he nodded, tilting his head back to drink his shot of Whisky in one go. "But don't finish it," he muttered, gesturing the barman for another shot.

Fornell sighed and gestured for the barman to serve him too. "I got a call from Jethro. Asked me to track you down," he pursed his lips in annoyance. "Do I look like a marriage counselor?"

Tony snorted. "More like _you_ need one, because really, marrying Diane? Not one of your finest moment." He shrugged. "And we didn't have a fight. I just lost a case, and I didn't want to bring my bad mood at home."

Fornell chuckled. "Well, Jethro thought he'd done something…again. Was on the phone crying and begging me to get you and bring you home."

Tony laughed softly. "_Really_? Crying and begging?" he asked, not believing a word the man was saying.

Tobias nodded. "Well, you know him. He was grunting and barking but inside he was pleading me to find his boy."

Tony smiled, pleased. "I didn't mean to scare him. I just—couldn't go back home."

Fornell frowned and drank his glass of whisky. "Want to talk about it?"

The young lawyer shrugged. "Not much to say. And you'll see it printed in the papers tomorrow morning. _'District Attorneys let a child murderer go free. What happened to Justice?'_"

Fornell hissed. "Damn."

Tony nodded. "Uh-uh, that's what I said. Especially when said child murderer got out because of technicalities."

The FBI Agent hummed. "Who's at fault?"

The green eyed man tapped the tip of his fingers against his lips. "Well, DCPD mostly. One of the lead investigators was under IA investigation and wasn't allowed to touch the evidence. His partner was a wet behind the ears probie and didn't know how to stand up against his senior partner." He paused and gestured for the barman to fill his glass once more. "It didn't keep in court. Defense attorney pleaded tampered evidence…you know the rest," he finished, drowning his glass once more.

He motioned for another glass but Fornell stood and shook his head at the barman. "That's enough. Come on, I'll take you back home."

Tony nodded and slowly put his coat on feeling like an old man. He made to reach for his briefcase, but Fornell already had it and grabbed his elbow to steer him out of the bar and to his car. They drove in silence for a while before Tony finally spoke. "It's just—the boy was seven. His parents will never see him grow up, graduate, marry…and they'll never trust the police and justice again. They'll live all their lives with the fear of losing their other son to the bastard that killed Eric…knowing he's out there and free to do it all over again."

Fornell sighed. "Maybe he'll get caught next time…"

Tony snorted. "You mean after he killed another little boy?"

Tobias shrugged. "You did all you could. You got blindsided by that cop. He's the one who put you in this position. You should have been told he was under IA's watch. You didn't do anything wrong."

Tony laughed brokenly and traced the clearly visible bruise on his cheek. "You'll tell that to Eric's dad?" he asked. "You'd thank me if I let Emily's killer go free?" he asked rhetorically.

Tobias slowed the car when they arrived at Gibbs's and Tony's house and killed the engine, already spotting Gibbs walking briskly in their direction. He opened Tony's door and helped him walk to the house, grabbing his briefcase and nodding his thanks to Fornell who silently nodded and drove away. No doubt an expensive bottle of bourbon will find its way to his desk in the week to come.

o

Gibbs helped Tony change into a warm pair of sweatpants and a thick sweater before helping him to bed. Tony immediately curled up on his side and buried his face in the pillow. "'m sorry," he whispered in the darkened room.

Gibbs sighed and lay next to Tony, wrapping him securely in his arms. "You can't do that to me, Tony," he muttered. "I have to know where you are."

Tony nodded against Gibbs's chest and gripped the older man's tee-shirt in a death grip. "I—I just couldn't face you," he whimpered.

Gibbs made a noise at the back of his throat and rubbed Tony's back soothingly. "I know what happened. I heard it on the late news. It's not your fault even if I know you blame yourself. I'm not mad at you."

Tony sobbed. "I couldn't do anything!" he raged in a harsh whisper. "My case fell apart as soon as the Defense talked about the IA investigation. I couldn't do anything! I had nothing to stand on!"

Gibbs rubbed the back of Tony's hair, trailing his finger through silk brown hair and kissed Tony's forehead. "You did everything you could. It's not your fault."

Holding Tony in his arms as he cried all night and only fell asleep at dawn, Gibbs wasn't sure his words were heard or much less believed.

o


End file.
